Claim Form help

KurbsideKaren

Hi,

Firstly, I’d just like to say a massive thank you to this forum, I had a court claim earlier in the year which was successfully cancelled a few weeks before the hearing date thanks to using the templates. I now have another one that’s crept out of the woodworks and I’m struggling a bit with how to defend it. It’s a hospital staff car park - I don’t remember all of the details annoyingly but I believe I had a student permit at the time and when the fine initially came through from 16/02/2023 I appealed it as I thought I could park there with the permit, and then they came back saying it had been rejected and that they would do a ‘good-will’ of £20 which I also ignored as believed I had parked correctly at the time and provided evidence of the permit. That was the last I heard of it until last month and now I have the court claim letter again. I have tried to log into the portal which has the details of my case but there is no evidence or details of my appeal so I can’t remember exactly how I tried to appeal it and therefore I’m struggling with how to defend it in the defence section of the template as I’m sure they still have the details of the initial appeal which they could use. If you please have any advice or suggestions that would be great!

Gr1pr

It definitely wasn't a fine, it was an invoice from a private parking company

As its Parking Eye, CPP , via DCB Legal, post the issue date from the top right of the claim form below

Also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first

KurbsideKaren

[Image removed by Forum Team]

Yes, wrong terminology from me! I’ve done the AOS already - just need to use the template but as I don’t have details of my initial appeal from 2023 anywhere, I can’t exactly remember what I wrote so don’t want to get the defence section of the template wrong. Thanks

Gr1pr

Use the Chan and Akande defence template

Le_Kirk

Correct advice above; if you show us the date of issue of the claim form, we can give you the deadline for your defence.

KurbsideKaren

Thank you both! So it’s irrelevant what I stated my initial appeal that I don’t have access to? I tried to post the issue date but the photo got removed. The issue date on the letter is 18th August 2026

Le_Kirk

With an issue date of 18/08/26 and providing you complete(d) the AoS before or on 06/09/26 your defence deadline date is 4.00 p.m. on 21/09/26

Have you completed the AoS?

KurbsideKaren

Thank you - yes AoS all sorted. I'll submit defence over weekend. Just to clarify, these will be my paragraph numbers 2 and 3 from template/Chan and Akande, with no further amendments needed? (Apologies for difference in font, I can't seem to amend this when I copy and paste it over from my document)

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, save as set out below and to admit that they were the registered keeper.

3. With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the Chan case, HHJ Murch held: 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and the Defendant trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. The second recent persuasive appeal judgment also held that typical private parking case POC (like this) fail to comply with Part 16. On the 10 May 2024, in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'."

Gr1pr

Correct, but 2 things

1. Do not include the " at the end of paragraph 3, not allowed on MCOL
2. add the other 8 paragraphs as well, slotting the above in as your paragraph 2 & 3

Le_Kirk

Use "paste as plain text" when copying and pasting.

KurbsideKaren

Thank you both! Much appreciated